Understanding a Notice to Appear (NTA)
A Notice to Appear (NTA), officially known as Form I-862, is a legal document issued by the U.S. Department of Homeland Security (DHS). It is the first step in the process to determine if a person can stay in the United States or must leave. Once the NTA is filed with an immigration court, the court takes over the case, and an immigration judge will decide the outcome.
This guide explains the basics of an NTA in simple terms to help you understand its purpose and importance. For personalized advice, always consult an experienced immigration attorney.
Who Can Issue an NTA?
Three agencies under the Department of Homeland Security (DHS) can issue an NTA:
U.S. Citizenship and Immigration Services (USCIS)
U.S. Immigration and Customs Enforcement (ICE)
Customs and Border Protection (CBP)
Supervisors from these agencies can sign and serve an NTA. Mistakes on NTAs are not uncommon, so it’s essential to review them carefully with the help of an immigration attorney.
Key Parts of an NTA
1. A-Number (File Number)
The A-Number is a unique identification number assigned to each individual.
It appears in the upper-right corner of the NTA and is essential for tracking your immigration case.
2. Respondent Information
The Respondent is the person who receives the NTA.
The NTA includes the Respondent's name, date of birth, address, and phone number.
Double-check this information for accuracy.
3. Type of Proceeding
The NTA will indicate one of the following categories:
Arriving Alien: Someone who arrives at a U.S. border or airport.
Present Without Admission or Parole: Someone who entered the U.S. without inspection.
Admitted but Removable: Someone who was lawfully admitted but is now considered removable.
Each category has legal consequences; an immigration attorney can explain them in detail.
4. Allegations
This section lists why DHS believes the Respondent should not be allowed to stay in the U.S.
Check if the information here is accurate.
5. Charges of Removability
This part cites specific immigration laws that DHS believes the Respondent has violated.
These laws usually fall under Section 212 (inadmissibility) or Section 237 (removability after lawful admission).
6. Immigration Court Details
The NTA includes the location of the immigration court, the date and time of the first hearing, and the officer's signature.
Why Is an NTA Important?
The details in an NTA affect your rights and options in immigration court. For example:
Arriving Aliens may not have the right to request a bond hearing.
Different rules apply to those Present Without Admission or Admitted but Removable.
The charges listed in the NTA determine what relief options, like asylum or cancellation of removal, are available.
Understanding these differences is critical, and an immigration attorney can guide you through the process.
What Happens After the NTA Is Filed?
Once the NTA is sent to an immigration court, the court takes control of the case. The Respondent will have a series of hearings:
Master Calendar Hearing: This is a short hearing where the judge explains the charges, confirms your details, and lets you apply for relief if eligible.
Individual Hearing: This is a longer hearing where you can present evidence, witnesses, and arguments to support your case.
At the end of these hearings, the judge will decide if you must leave the U.S. or if you can stay under some form of legal status.
How Does Immigration Court Work?
Role of the Judge: The judge listens to both you and the government attorney representing DHS.
Legal Representation: You have the right to hire an attorney, but the government will not provide one for you.
Decisions: The judge makes a final decision based on the evidence and immigration laws.
Appeals: If the decision is not in your favor, you may be able to appeal to the Board of Immigration Appeals (BIA).
Immigration court can feel overwhelming, but an experienced attorney can guide you every step of the way.
What Should You Do After Receiving an NTA?
Do not ignore the NTA. Missing a hearing can result in an automatic deportation order.
Check the information carefully. Ensure everything is correct.
Get legal help immediately. An immigration attorney can provide the best advice and representation.
Understanding your NTA is an important first step in managing your immigration case. With the right legal support, you can navigate this process with confidence.